JAYANTILAL ALIAS JAYPRASAD MANSUKHLAL Vs. MEHTA CHHANALAL AMBALAL

JUDGEMENT

(1.) This Appeal is directed against the grant of Letters of Administration of the state of deceased Bai Kanta made in favour of the present Respondent by the learned Assistant Judge Mehsana in Civil Miscellaneous Application No. 24 of 1958 by his order dated. November 5 1959

(2.) The present respondent Chhanalal Ambalal claiming to be entitled to the grant of Letters of Administration of the estate left by his deceased wife Bai Kanta as a legatee under a registered will made by Kantas deceased mother Bai Mangu on February 18 1941 had filed an application for the Purpose. The estate is listed not in a separate schedule but in para 4 of the application. The application was originally filed In the Court of the Civil Judge Senior Division Visnagar. The grant was however contested by the present appellants who had lodged a caveat. The respondent had therefore presented the application in the Court of the District Judge Mehsana where it was registered as Civil Miscellaneous Application No. 24 of 1958 and then transferred to the Court of the Assistant Judge Mehsana for disposal.

(3.) Original applicants (respondents) case is that Bai Mangu was his widowed mother-in-law being the mother of his wife Kanta to whom he was married some time in the year 1934. Mangus husband Ambalal who was the uncle of the original opponents who are the appellants herein had died some time in year 1930 leaving behind him his widow Mangu his son Janakrai and his daughter Kanta. Ambalal was separate from his brother Mansukhlal who was the father of the appellants. His son Janakrai died some time in 1937. The estate consisting of a house a shop a room-let etc. all situated in Visnagar as also some moveable properties consisting of house-hold articles shares ornaments and other articles had thus devolved on Bai Mangu as the heir of her husband Ambalal and her son Janakrai. Thereafter Kanta was residing with her mother at Visnagar and was looking after her mother. On February 18 1941 Mangu had made a registered will of her estate and the testamentary disposition so made thereby was in favour of her only surviving child Bai Kanta an adult daughter as aforesaid.